What is the test for a plaintiff to be successful in a medical malpractice case?
California, United States of America
The following excerpt is from Kahn v. Ameresco, Inc., B243169 (Cal. App. 2015):
1. In accordance with the standard of review, although plaintiff's opening brief contains a lengthy factual recitation and she attached numerous exhibits to her brief, we only set forth those facts stated in the complaint and subject to judicial notice. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 42-44 [demurrer tests sufficiency of complaint].)
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